Stone v Government Insurance Office of New South Wales

The New South Wales Court of Appeal heard an appeal by the plaintiff, Stone, against the Government Insurance Office of New South Wales (GIO). The dispute concerned the plaintiff's entitlement to damages for a motor vehicle accident that occurred on 14 July 1989. The primary issue was whether the plaintiff had suffered a "serious injury" as defined by section 79 of the *Motor Accidents Act 1988* (NSW), which is a prerequisite for claiming damages for non-economic loss.

The court was required to determine whether the plaintiff's injuries, specifically a soft tissue injury to the neck and back, constituted a "permanent impairment" and, if so, whether that impairment was "serious" within the meaning of the Act. This involved assessing the degree of pain, suffering, and loss of amenity of life experienced by the plaintiff, and whether these consequences were of such a nature as to warrant compensation. The court also considered the evidence presented regarding the plaintiff's ongoing symptoms and their impact on his daily life and capacity to work.

In its reasoning, the Court of Appeal applied the principles established in cases concerning the interpretation of "serious injury" under the *Motor Accidents Act*. The court emphasised that the assessment of seriousness is an objective one, requiring a consideration of the totality of the plaintiff's injuries and their consequences. The court found that the plaintiff's soft tissue injuries, while causing ongoing pain and discomfort, did not reach the threshold of a "serious injury" as defined by the legislation, particularly in light of the available medical evidence and the absence of significant permanent physical impairment.

The appeal was dismissed, and the court affirmed the decision of the trial judge.